‘HM Courts and Tribunals Service has today (13 March) issued guidance for all court and tribunal users during the coronavirus outbreak.’
Local Government Lawyer, 13th March 2020
Source: www.localgovernmentlawyer.co.uk
‘A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had reached a decision about the reasonableness of the service charge demands, but in respect of the respondent, it held that the charges were not payable by the respondent because she had not received the demands.’
Nearly Legal, 22nd February 2020
Source: nearlylegal.co.uk
‘In this post, we explain the Second Appeals test and note some recent developments in the area.’
Richmond Chambers, 14th February 2020
Source: immigrationbarrister.co.uk
‘The provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 which permit changes of use from office to residential have been controversial, particularly in parts of the south of England where many local authorities fear the effects upon the supply of office accommodation in their areas. As a result, a number of authorities have exercised the powers in Article 4 of the Order to withdraw the rights from parts of their areas. A recent case in the Upper Tribunal (Lands Chamber) illustrates the issues involved where a Council adopts a different approach by attempting to rely on its rights as landlord to enforce leasehold restrictive covenants to prevent the implementation of a change of use proposal.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘In an important new rating decision the UT has concluded in Wigan Football Club Limited v Wayne Cox (VO) [2019] UKUT 0389 (LC) that the successive relegations of a football club from the Premier League (“PL”) to the Championship and then to League 1 did not constitute a material change of circumstances (“MCC”) providing grounds for a reduction in rateable value (in the 2010 compiled list). The UT confirmed the decision of the VTE, but also made reference to the unfairness of the outcome for financially imperilled clubs and the potential need for adjustments in the method of valuation.’
Francis Taylor Building, 14th February 2020
Source: www.ftbchambers.co.uk
‘The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.’
Tanfield Chambers, 21st January 2020
Source: www.tanfieldchambers.co.uk
‘Employment Judge Snelson has handed down judgment in Kumrai v Ministry of Justice and others, an unusual case involving serious allegations of race discrimination by members of the senior judiciary in which the Claimant and all three Respondent witnesses were serving Tribunal Judges. The Claimant, a Judge of the First-Tier Tribunal, sued both the Regional Judge and President of the relevant chamber together with the Ministry of Justice, for direct race discrimination, harassment and victimisation.’
Ely Place Chambers, 14th January 2020
Source: elyplace.com
‘A reconsideration entails a review by the Home Office of a decision that it has made. If you have lodged an appeal in the First Tier Tribunal against an immigration decision, you may wish to consider submitting a reconsideration request (if relevant, with new evidence in support of your case) to the Home Office while the appeal is pending. Our barristers can advise you about whether your case is suitable for requesting a reconsideration.’
Richmond Chambers, 20th January 2020
Source: immigrationbarrister.co.uk
‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’
Nearly Legal, 19th January 2020
Source: nearlylegal.co.uk
‘A recent Upper Tribunal decision has potentially far-reaching implications for schools considering excluding pupils with disabilities, write Tom Amraoui and Rachel Sullivan.’
Local Government Lawyer, 10th January 2020
Source: www.localgovernmentlawyer.co.uk
‘The Competition Appeal Tribunal (CAT) has given the claimants in the truck cartel litigation the green light to move forward without delay to a detailed assessment of the costs of a preliminary hearing given the two sides’ contrasting financial resources.’
Litigation Futures, 8th January 2020
Source: www.litigationfutures.com
‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’
Nearly Legal, 5th January 2020
Source: nearlylegal.co.uk
‘The occasionally dramatic if sprawling medical tribunal of the former British Cycling and Team Sky doctor Richard Freeman, which was due to be done and dusted last March, may not finish now until October 2020 after being adjourned yet again.’
The Guardian, 16th December 2019
Source: www.theguardian.com
‘The Solicitors Disciplinary Tribunal (SDT) has savaged two witnesses who gave evidence on behalf of the Solicitors Regulation Authority (SRA) against a Yorkshire sole practitioner.’
Legal Futures, 12th December 2019
Source: www.legalfutures.co.uk
‘Advice on incentivising employees in a tax efficient manner has a direct and immediate link to the purposes of the business and so VAT input tax should be recoverable, even if the employees are directors and shareholders, the UK’s First-tier Tribunal (FTT) has ruled.’
OUT-LAW.com, 10th December 2019
Source: www.pinsentmasons.com
‘Litigants in person (LiPs) who “do little to promote their cases until they are absolutely forced to” and do not “understand, let alone research” their obligations can still be regarded as acting reasonably, the First-tier Tribunal (FTT) has ruled.’
Litigation Futures, 27th November 2019
Source: www.litigationfutures.com
‘The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant’s human rights has reached the Supreme Court. The decision has some far reaching implications for bedroom tax appeals and beyond.’
Nearly Legal, 15th November 2019
Source: nearlylegal.co.uk
‘One in two people who appealed in court against a decision to deny them disability benefits were successful, analysis of five years of data shows.’
BBC News, 14th November 2019
Source: www.bbc.co.uk
‘Lady Hale, president of the Supreme Court, has called on the courts to learn lessons from the tribunal service in improving the diversity of judges.’
Legal Futures, 12th November 2019
Source: www.legalfutures.co.uk
‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’
Nearly Legal, 5th November 2019
Source: nearlylegal.co.uk
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